A.K.Sinha, J. - (1.) This is a Rule obtained by the petitioner for quashing an Award given by the Collector for acquisition of petitioner's land under Land Acquisition Act 1 of 1894 (referred to herein as the Act). The petitioner purchased certain lands including a tank measuring 2.12 acres at Ichhapore, Howrah and set up a factory there. At the instance of the Howrah Improvement Trust there was a proceeding for acquisition of the petitioner's land contained in C. S. Plots 1296, part of 1297 and 1298 for future improvement scheme of that locality in Howrah. On these plots 1296 contains a tank. The petitioner filed claims in respect of all these plots and tank and award was given in respect of 1297 (part) and 1298 on March 26, 1966. Possession of these plots was taken on 30th March. 1966 by the Collector,
(2.) Thereafter, It is said from a notice of 22nd August, 1966, under Section 12 (2) of the Act that another award in respect of plot No. 1296 that is a tank, was made on August 19, 1966. On 24th August, 1966, the representative of respondent No. 1 came to take possession of the tank but the petitioner refused to give possession and then on August 24, 1966 by a petition prayed before the Collector not to take possession on the ground that the award so made was illegal. It is the validity of this award which has been challenged in the present Rule,
(3.) It is argued by Mr. Gupta on behalf of the petitioner that there is no provision under the Act for piecemeal acquisition or two or more awards separately in respect of acquisition covered by one notification and declaration under the Act. For this purpose he relies , Somawanti v. State of Punjab; a Bench decision of this Court in Corporation of Calcutta v. Omeda Khatun, and also in R, C. Sen v. Trustees for the Improvement of Calcutta, ILR 48 Cal 892 = (AIR 1921 Cal 340). I do not think, the decision of the Supreme Court in Somawanti's case. has any application to the facts of the present case.;